DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of February 26, 2013 No. 249

About approval of the Order of registration of share issues of the joint-stock companies created before entry into force of the Law of Ukraine "About securities and the stock market" and transfer of such releases to system of depositary accounting

According to Items 1, 3, 5 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine", Articles 6, 28, 29 Laws of Ukraine "About securities and the stock market", Articles 9 - 13 Laws of Ukraine "About joint-stock companies", Item 3 of the Section II "Final and transitional provisions" of the Law of Ukraine of July 04, 2012 No. 5042-VI "About modification of some legal acts of Ukraine concerning enhancement of the legislation on securities", the subitem 5 of Item 5 of the Section VI "Final and transitional provisions" of the Law of Ukraine of July 06, 2012 No. 5178-VI "About depositary system of Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve the Order of registration of share issues of the joint-stock companies created before entry into force of the Law of Ukraine "About securities and the stock market" and transfer of such releases to system of depositary accounting which is applied.

2. And corporate finances (A. Papaik) to provide to corporate management department submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To provide to management of information technologies, external and internal communications (A. Zaik) publication of this decision according to requirements of the legislation of Ukraine.

4. This decision becomes effective from the date of its official publication.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Amelin.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of February 26, 2013, No. 249

Order of registration of share issues of the joint-stock companies created before entry into force of the Law of Ukraine "About securities and the stock market" and transfer of such releases to system of depositary accounting

1. According to this Procedure are performed:

registration of share issues of joint-stock companies with the state share in the authorized capital which were created before entry into force of the Law of Ukraine "About securities and the stock market" which share issue is not registered in the procedure established by the law;

transfer of such releases to system of depositary accounting.

2. Registration of share issue is performed by central office of the National commission on securities and the stock market or territorial authorities the National commission on securities and the stock market (further - body of registration).

3. Registration of share issue which is performed by body of registration cannot be considered as guarantee of cost of these shares.

4. The date of receipt of the statement for registration of share issue is registration date of such statement in division of body of registration which performs functions of registration of incoming correspondence.

5. Body of registration:

after the receipt of the statement and documents necessary for registration of share issue, performs registration of share issue and grants the registration certificate of share issue (appendix 1) which is the basis for assignment to shares of the international identification number, or refuses registration within 25 working days;

returns in the time provided by the paragraph the second this Item documents to society without consideration.

6. The bases for refusal in registration of share issue are:

discrepancy of the submitted documents to requirements of the legislation;

unauthenticity of information in the submitted documents.

The bases for return to society without consideration of the documents submitted for registration of share issue are:

submission of documents not in full;

submission of documents with violation of the requirements established by this Procedure to their registration.

The notification on return without consideration of the documents submitted for registration of share issue is carried to society in writing by the direction to society of the corresponding letter containing the reasonable bases for leaving of documents without consideration and the list of violations.

The refusal in registration of share issue is drawn up by the corresponding order (appendix 2).

The order about refusal in registration of share issue is brought to the attention of joint-stock company in writing and shall contain legal reasons for such refusal.

In case of refusal in registration of share issue all submitted documents remain in body of registration.

If registration of share issue it is refused based on which society considers unreasonable, it can take a legal action.

The notification of society on the decision on registration of share issue made by body of registration is performed by means of telecommunication communication.

7. Registration of share issue is performed by body of registration only on condition of complete payment of the authorized capital of joint-stock company in the procedure established by the legislation.

8. After registration of share issue of joint-stock company modification of system of depositary accounting concerning such release is performed in the way:

execution of the global certificate by the issuer based on the received registration certificate of share issue in paperless form and its depositions in Central Securities Depository;

transfers by Central Securities Depository within three working days from the date of receipt of the global certificate according to the order of the issuer into the account in securities of the issuer of the number of shares specified in the global certificate;

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